Suzie Paulson Appointed CEO of OMAG

The OMAG Board of Trustees has appointed Suzie Paulson as their new CEO. She assumed responsibilities on August 1, 2021, and succeeds Jon Woods, who retired. Suzie will be the first female to serve as the OMAG CEO since OMAG’s creation in 1977.

OMAG Board Chair Pam Polk said “Suzie is an exceptional leader and has been an asset to OMAG since joining our team.  She was the Board’s unanimous choice to be the next CEO after conducting interviews of Suzanne and four other internal candidates. The Board would like to thank each of the candidates for their interest and participation in this process. All candidates brought forth unique qualities that made each of them qualified to lead OMAG.  The Board is very excited for this next chapter and for what we will achieve together.”

Suzie has been part of the OMAG team for 8 years, beginning in the Legal Department as Associate General Counsel and spending the last 4 years as General Counsel. As part of the OMAG legal team, she was involved in managing litigation, as well as providing guidance and training to OMAG municipalities regarding liability issues.

She graduated from Oklahoma City University School of Law in 2001 and spent 12 years as an Assistant City Attorney in the City of Oklahoma City, focusing mostly on municipal employment and labor issues. 

Suzie said “My career in municipal government started in 1998 as a legal intern adjusting tort claims for the City of Oklahoma City.  Little did I know that internship would grow into a career of helping cities and towns all over the State of Oklahoma.  From day one, I knew that OMAG was my dream job . . .  I was all in!  Since its inception OMAG has had strong leaders and a resilient board of directors and I am honored that the board has confidence in me to continue that legacy.  As CEO I will continue the vision of the OMAG Board of Trustees to be the premier public entity pool by providing quality coverages at a sustainable price and a vast array of services that bring value to the members.  OMAG employees are known for going above and beyond for members and I intend to continue to support and encourage that practice.  It is also important to me that OMAG maintain strong partnerships with organizations like OML and OMMS.  I am really excited about this journey and making a positive difference in cities and towns throughout the State of Oklahoma.” 

The OMAG Trustees and Staff are looking forward to working with our new CEO, Mrs. Suzie Paulson.

The Importance of Law Enforcement Driver Training (LEDT)

Traffic crashes are consistently at the top of OMAG’s list of more costly claims.  As the number of crashes increases, injuries and fatalities increase.  In the modern patrol vehicle, officers find themselves distracted by radios, cellular phones, laptop computers or mobile communications terminals, in-car video systems, siren boxes, and lighting controls, as well as the constant search for traffic violators and criminal behavior. 

Police Officers arguably spend more time driving than any other single task. Sadly, the statistics that reflect the line of duty law enforcement deaths as a result of crashes doesn’t change much from year to year. According to the Officer Down Memorial Page (ODMP), there are nearly 41 officers killed each year in vehicle-related incidents. The unfortunate facts are that the roads are a dangerous place, and many police officers aren’t the expert drivers they would like to think they are. As budgets are evaluated and reduced, funds dedicated to training are typically the first to be cut.

OMAG has a history of helping members address high liability and safety issues through training videos, policy development, workshops, classroom training, practical driver training, and online training. It is because of this commitment to reduce risk and promote safety that OMAG partnered with OSU-OKC’s Precision Driver Training Center in 2006. This top-notch training program aids officers in recognizing their own skill level, the performance their vehicles are capable of, and the effect that environmental factors can have on vehicle operations.

As OMAG received reports on the quality of the training from course participants, we expanded the program to include not just police officers, but any member employee who operates a municipal vehicle. In recent years, the PDTC has trained municipal employees assigned to public works, water/wastewater, EMS, and fire service, as well as law enforcement. The offered courses are beneficial for refreshing and renewing perishable driving skills, as well as improving an individual’s driving techniques. OMAG pays the cost for any OMAG member to attend the PDTC program, which includes the use of an OSU vehicle and hotel stay for those who must travel over 60 miles to the training facility. OMAG members can find more information on OSU’s Precision Driver Training Center at OMAG.org.

About the author:

Kevin McCullough is a Law Enforcement Specialist and has been involved in public safety for over 40 years. McCullough is a nationally recognized instructor and has been teaching emergency vehicle operations and law enforcement driver training since 1988.

Have a 360 Degree Policy Before Your Employees Drive

A utility crew discovered a young boy in the wheel well of their truck while conducting a “Circle of Safety” walkaround. It is unthinkable what could have happened if they had gotten in the truck and drove off without doing the required walkaround inspection. By taking 30 seconds to walk around your vehicle looking for hidden and unseen hazards you can protect yourself, the municipality’s assets, and possibly another person’s life.

In the past 3 years Oklahoma municipalities have had 166 claims filed against them for damage to property or persons injured due to improper backing. It is the second most common claim filed against insured municipal vehicles. The sad fact is all of them could have been prevented if cities and towns had a policy and procedure to perform a 360-degree walkaround before getting in a vehicle and driving away. Just a few seconds of looking for potential hazards can prevent a backing accident or maybe save the life of a curious child.

The “Circle of Safety” procedure is a safe practice any driver can follow to ensure the area around their vehicle is safe before departing. Simply walk all the way around your vehicle and check the clearances to the side, in front, behind, and above. When backing into a parking space or work area, look for obstacles such as poles, other vehicles, drop-offs, and trash cans or buildings. Prior to departing, make sure to check if any pedestrians may have entered your path of travel. Whenever possible, back into a parking space or driveway to increase visibility when departing or pull through to a space that leaves your vehicle pointing out. If you must park the vehicle in a position that requires backing, leave the vehicle positioned to maximize visibility to the rear and critical areas adjacent to the vehicle. And finally, always check under your vehicle and around the wheel wells just in case a curious child has gotten stuck in there. This is no joke.  Each year in the United State, 2,400 children are backed over.

Understanding and Avoiding "Failure to Yield" Accidents

Right-of-way laws and regulations are in place to ensure cooperation among drivers and to assist in a smooth, safe flow of traffic on private and commercial roads. People who know, understand, and apply these rules in their driving tend to be more courteous and able to use common sense in dangerous traffic conditions.

Sadly, failing to yield to a person with the right-of-way is the number 1 cause of vehicular liability claims for Oklahoma municipalities insured by OMAG.

Defining Failure to Yield – When a driver, bicyclist, or pedestrian has the right-of-way, it simply means they have the right to proceed before another vehicle. We encounter situations every day in which we yield to vehicles with the right-of-way at four-way stops, intersections, stop signs, left turn lanes, crosswalks, yield signs, traffic circles, and more. Failure to yield is when a driver does not allow a vehicle with the right-of-way to proceed and this sometimes results in an accident.

If a driver fails to yield to you when you have the right-of-way, you should do everything in your power to avoid a collision. You can prevent failure to yield accidents and exercise proper caution by knowing the traffic laws, staying alert to your surroundings, and practicing courteous driving even when others make a mistake.

Ways to Prevent Failure-to-Yield Accidents – The best way to avoid causing or falling victim to a failure-to-yield accident is to know the laws and do your part to prevent them. You can stay out of harm’s way by:

• Slowing down – this gives you more time to react to someone failing to yield. Reduce your speed when approaching an intersection, crosswalk, or yield sign.

• Check the intersection before entering – even when you have the right-of-way, look before you enter because you can’t always trust other drivers to yield to you.

• Drive defensively – be aware of the cars in front of you, behind you, to the sides, and even the vehicles in the immediate vicinity on other roads. If you are keeping an eye on other drivers, you can spot the ones that aren’t driving safely and actively avoid them.

• Don’t run red or yellow lights – when approaching an intersection always slow down and cover your brake; avoid being tempted to accelerate and run through an intersection when the light turns yellow.

• Allow the intersection to clear before entering when the light turns green – many times vehicles will be turning left still or running through a yellow light, so don’t be tempted to jackrabbit out into the intersection as soon as you get a green light.

• Eliminate all distractions while driving – leave your cell phone alone, turn down the music, and stay focused on your driving responsibilities.

Driving is a very dangerous and complex activity. When you are behind the wheel you are responsible for not only your safety, but the safety of everybody else. Stay alert and focused on this very necessary but often taken for granted skill – it  could be what keeps you or someone else alive.

Eleven Steps to a Healthy Sanitary Sewer Collection System

“An ounce of prevention is worth a pound of cure.”- Benjamin Franklin. For far too long we in Oklahoma have been ignoring our sanitary sewer systems. Just like our personal health, if we do not practice a proactive approach to maintaining our aging systems, we will encounter costly consequences to our sewer systems sooner or later. If we take measures to maintain our sewers, we can minimize costly repairs and rehabilitations. It is time to stop putting “band aids” on our sewer lines and get them in shape. Here are 11 steps to help you get started on your sanitary sewer line maintenance program.

1. Use Global Information System (GIS) mapping to understand your system. An effective sewer maintenance program revolves around knowing the location of all infrastructure, pipe sizes, length and depth of lines, types of pipe and materials used in manholes. Accurate GIS mapping can help track completed rehabilitation and replacement work, but it begins with identifying exactly where manholes and lamp holes are located.

2. Inspect manholes on a schedule. Depending on the size of your system and staff availability, this may be once a year or every other year. Inspecting manholes will alert you to issues such as excessive debris and blockages, structural issues, and inflow and infiltration sources. Keep records using manhole inspection forms to track maintenance and rehabilitation needs.

3. Perform Draw Down Tests if you have lift stations. The test verifies proper pump performance and should be conducted annually at every lift station to identify issues with floats, isolate excessive grease, and confirm check valves are functional. You might want to check the Air Relief pits to make sure the ball valves are operating efficiently while you are doing the tests.

4. Verify your municipality has an ordinance requiring grease traps at businesses. Restaurants, gas stations, car washes, and other businesses that discharge fats, oils, and grease (FOG) should install a grease trap to avoid clogging the sewer system. Perform random inspections to ensure proper installation and maintenance of grease traps.

5. Do construction observations on sanitary sewer installations for new developments. Sanitary sewers that are not properly bedded are a major problem that leads to further problems for the municipality down the road. Offset frames and covers, chimney damage, and broken pipe are just a few problems resulting from improper new construction. Make sure your sewer mains are identified prior to trenching, drilling, or boring projects to avoid conflicts with your system. Before a developer passes new infrastructure on to the municipality, make sure to perform mandrel testing on sewer mains, and vacuum tests on manholes to confirm proper construction. Also conduct a warranty inspection prior to the warranty expiration to verify whether issues with materials or workmanship have developed during the warranty period.

6. Establish a routine cleaning and jetting program on sewer mains. This process will remove debris buildup and attached deposits to ensure your system is flowing properly and capacity is not being compromised. Jetting and cleaning at least 30% of your system annually so that all lines have been cleaned on a 3-year rotational basis will save a lot of headaches down the road.

7. Perform closed circuit television (CCTV) inspections. After cleaning and jetting, conduct CCTV inspections of the sewer mains to identify leaks or defects in the pipe system.

8. Conduct sump pump inspections. These residential inspections will identify connections to the sewer system. Have an ordinance prohibiting illicit sump pump connections.

9. Perform smoke testing. Smoke testing is a quick and efficient method for detecting storm water connections, roof drain connections, or defective sewer laterals, all of which are contributors to inflow & infiltration (I&I).

10. Conduct wet weather inspections. These can provide valuable information on how precipitation and groundwater conditions affect the flow in your system. Manholes may appear in good condition when it is dry, but they may exhibit leaking joints, missing mortar, and in-flow lid leaks in low-lying areas during wet-weather inspections.

11. Prepare an Operations & Maintenance (O&M) Manual for your sanitary sewer system. An O&M Manual will contain information on your maintenance schedules, identify how to report sanitary sewer overflows, have an emergency contact list, and spell out inspection procedures which can be helpful when training new sewer staff.  It provides invaluable references for both sewer maintenance workers and administrators when it comes time to budget for repairs, rehabs, and rebuilds.

It is time to stop wasting your time “putting out fires” on all the repairs required due to past negligence.  Maintaining a sewer system takes time and commitment, but just like eating right and exercising helps keep a heart healthy, performing sanitary sewer maintenance regularly will greatly improve the health of your sewer system. And we all know preventing a problem saves time and costs less than fixing it after an SSO event happens.

5 Defensive Driving Strategies

In the past decade road rage incidents have increased in the USA by 600%. People are getting downright nasty on America’s roadways. We all make mistakes while driving and we can’t control what other people do on the roadway. However, we can control what we do on the roadway. Let’s look at 5 Defensive Driving strategies to stay safe while driving, and perhaps keep from losing our cool and raging on somebody.

1. Space Management – Be aware of what’s going on all around you: What’s in front of you, behind you, to the sides of you, above you, and under you. Keep your eyes moving looking a block or two ahead of you and looking in your side and rearview mirrors. Notice low hanging branches or signs, bumps and potholes, and traffic coming up to intersections from other streets. See and make mental notes of potential hazards.

2. Situational Awareness – Identify potential hazards and formulate a plan to deal with them should a situation arise. Since you have managed the space around your vehicle you should be able to see potential hazards and can make decisions to keep you from becoming involved in an accident. Things like changing lanes, slowing down or turning down another street can help you avoid the hazard. Staying focused on your driving situation can save your life or the lives of others.

3. Mapping & Tracking at Intersections – Looking at other vehicles’ situations while sitting at or approaching an intersection can protect you and others from having to deal with a traffic accident in an intersection. Notice turning lanes, sidewalk crossings, pedestrians, bicycles, motorcycles, people distracted by phones or passenger conversations. Give yourself extra space between you and the car in front of you by stopping where you can completely see their tires touching the pavement. Wait a few seconds when the light changes and give the opportunity for the intersection to clear before entering it. Proceed slowly with your eyes scanning for potential danger, like a child running out into the street or a car in the wrong lane deciding to make a left turn. Again, focus on your driving and making plans for the unexpected.

4. Parking – Where should you park and how do you park? Avoid parking close to stores and building entrances, as there is usually too much going on there with vehicles, pedestrians, loading and unloading, and cars vying for that closest parking spot. Instead, park away from entrances and walk in: it’s safer for you and your vehicle. Avoid parking next to someone that has parked crooked and made a tighter space for your vehicle. Use pull through parking if you can so that your first move out of the parking space when leaving is forward. If you can’t pull through into a space, consider taking the time to back into a space, again so your first movement when leaving is forward. Backing into a space when you are not in a hurry makes it much easier to leave when heading out on a call or just being in a hurry to get home.

5. Attitude – “Check yourself, before you wreck yourself,” is a good way to prepare yourself for the responsibility of driving before you take off. When you get behind the wheel of a vehicle you are in charge and totally responsible for your attitude, actions, and what is going on with your vehicle and in your vehicle. Get your emotions in control. Know your vehicle is in good working order, make sure you and your passengers are buckled up properly, and control unruly children or mischievous adults while your vehicle is stopped. That vehicle is a weapon that can kill you and/or others in just a moment of distraction. Take the job of driving seriously.

July 2021 Risk and Safety Newsletter

May 2021 Risk and Safety Newsletter

How Municipal Water Recreation Facilities Can Avoid Injuries and Liability

Water recreation facilities offer visitors the exciting action-packed experience of riding gravity-defying slides, swimming in wave pools, and running around silly fountains squirting and dumping water on visitors. Unfortunately, it’s not all fun and games – sometimes visitors get hurt.

Of course, those who participate in any form of recreation that involves physical activity risk being injured. When people are injured at a water recreation facility (pool, splash pad, waterpark, municipal lake, etc.), they often file a liability claim or attempt to sue the facility on the grounds that the activity or premises was not reasonably safe. The law does not impose absolute liability on the operator of a water recreation facility or any recreational facility whenever a customer is injured. However, the operator IS required to take reasonable measures (emphasis on “reasonable”) to make an activity safe. The law does recognize that people who swim, jump, and climb risk sprains, broken bones, heart attacks, and even death, and that some of the risks cannot be eliminated by reasonable measures.

So, what are the reasonable steps an operator of a water recreation facility can take to avoid or reduce the risk of customer injury? What are the practices that will appear careless or unreasonable in a courtroom? What actions will demonstrate to a jury that the operator cares about injury to its customers, has taken reasonable steps to avoid or minimize the risk of injury, and should not be blamed when a customer is injured? The following “best practices” can help water recreation operators avoid liability:

1. Training, training, training. Nothing looks worse to a jury than a young, inexperienced, seasonally employed lifeguard or operator who has little to no training in preparing customers for a potentially hazardous activity, or recognizing problems, or taking action when problems arise. Even worse is someone who learned their job from watching another casually trained, inexperienced employee. All workers should be trained at the beginning of their employment in the safe operating procedures for all activities that can cause injury. They should specifically be trained regarding activities that could be deemed hazardous that they are assigned to supervise. They need to be trained on what to do if an injury occurs and how to get quick medical assistance. It might be a good idea to hire an outside company certified in the safe operation of water recreation facilities. It could avoid the argument the operator is not qualified (by credentials, training, or experience) to train its staff in safety procedures.

2. Check and double check. It looks good when a supervisor, manager, or loss prevention person periodically monitors operations, both to ensure that staff are doing what they have been trained to do and are appropriately positioned at their post, and are not doing what they should not be doing, like using their phone or visiting with people when they are supposed to be observing the environment. While there is no hard and fast rule on how often a supervisor should do a walk-around, unscheduled visit several times a day/week, depending on the facility, is preferable. Periodic monitoring also reinforces training and informs management what messages are not getting through to staff and customers concerning safety.

3. Keep detailed records. Witnesses often forget or have different recollections of how an accident happened, who said or did what, and other details. Having a supervisor or manager identify, interview, and record the names and experiences of eyewitnesses is critical to recreating the incident at a review or court case later. The same holds true with respect to the injured person: Where possible, it is important to get their account of what happened in case the story changes later.

4. Incident reports are always evidence in a lawsuit. The objective of the report is not to have the person who creates it “play detective” and form opinions about who is at fault or how the incident could have been avoided, the goal is to record the identity and factual reports of eyewitnesses and any information provided by the injured person to the extent they are well enough to provide it. The incident report should be completed by a manager, supervisor, or loss control personnel, not an entry-level employee.

5. Documenting the scene with photographs, taken as soon as possible after the incident are critical. Photographs serve as additional evidence. If the condition that is believed to have caused the accident could change (i.e. the water level could return to normal or a piece of equipment could be replaced), it should be photographed soon after the incident. Digital photos cost nothing, so take a lot of them. Surveillance video of an incident should also be preserved.

6. Routine facility equipment inspections and work orders should be kept on file. If the injured person claims they were hurt because something malfunctioned, the operation or attraction (diving board, slide, etc.) should be checked as soon as possible after the incident by a qualified repair person. If the injured person or an employee reports something broke and caused the incident, that part, broken or not, must be taken out of service immediately and preserved for later inspection. Often, a maintenance person will throw away a broken part that may later be used in a litigated claim against the municipality. If a defendant disposes of evidence without realizing it may be needed in a court case, the plaintiff’s lawyer can suggest to the jury the defendant was trying to hide the truth.

7. Use liability waivers. Although not enforceable in some states and enforceable in limited circumstances in others, liability waivers can be a useful tool, but they must be worded as clearly and concisely as possible. Many people do not know what a “release” or “waiver” is or have only a basic understanding of what they mean. Courts will determine whether the average person would have been able to understand that by signing the waiver they have given up the right to sue. If the average employee does not understand the language of the waiver, chances are the customer will not understand it either. Thus, a judge is likely to dismiss the waiver protection on those grounds. Use plain language and simple concepts in your waiver agreements. 

Accidents happen, and with them come liability claims and possible lawsuits. Most courts are fair to operators, and while they may feel sympathy for an injured person, they are less likely to decide a case against a recreational facility if they believe the facility took reasonable steps to avoid or reduce the risk of injury. Most people recognize that risk is a part of life. To that end, every water recreation facility must take reasonable steps to avoid customer injury and liability through staff training, monitoring, inspecting, and documentation. If you have any questions about this article, contact Kip Prichard, OMAG Risk Management Specialist kprichard@omag.org or (800) 234-9461.

7 Signs of Fatigue and How it Affects the Workplace

Fatigue doesn’t just cause workers to feel more tired, it also increases the risk of accidents and injuries, reduces productivity, and causes absenteeism. Research has shown that spending 17 hours awake is equivalent to having a blood alcohol level of 0.05, and 24 hours awake is equivalent to a blood alcohol level of 0.10. You’d never let an employee operate heavy machinery with that much alcohol in their system, yet fatigued workers routinely engage in difficult or hazard-heavy work.

In the context of safety and health, fatigue refers to mental or physical exhaustion that reduces a person’s capacity to perform work safely and effectively. The causes, however, aren’t always work related. Some of the most common reasons for fatigue include:

• Prolonged or intense mental or physical activity

• Sleep loss or disrupted sleep

• Travel

• Organizational change

• Irregular work scheduling or excessively long shifts

• Strenuous activity

• Long commutes to and from work

• Working in extremely hot or cold environments

How to tell if a worker is fatigued

Fatigued workers can put themselves and others at risk of injury. It is important for managers and supervisors to know the signs of fatigue and watch out for these symptoms in their employees.

1. Tired, Weariness, or Sleepiness – Drooping heads, incessant yawning, and eyelids that seem to be closing are the most obvious indicators that a worker is fatigued and needs time to recover before costly errors or accidents happen.

2. Irritability – Workers can be irritable for many reasons, including problems at home, financial stress, conflict with coworkers, etc. Another reason may be the lack of rest. It is a good idea to watch for patterns of irritability or a newly developed “bad attitude,” especially when combined with other signs on the list above.

3. Reduced Alertness, Concentration, or Memory – Watch for workers who appear to have trouble focusing or who can’t recall seemingly simple things, like what they just said or did. Having difficulty solving problems can also be an indicator of fatigue.

4. Lack of Motivation – Employees who appear to suddenly lack motivation to do their job, and do it well, may seem lazy but this is generally a sign of broader issues, including fatigue.

5. Increased Mistakes or Lapses in Judgment – If a worker who is otherwise proven to be competent and good at their job starts making frequent errors or poor choices, it might be a sign of sleep deprivation or fatigue.

6. Headaches – Headaches are a sign of fatigue, but they can also be a sign of dehydration. Before deciding it is fatigue, make sure all workers are adequately hydrated on the job, even when it is not hot outside.

7. Increased Susceptibility to Illness – Workers who are suddenly taking more time off due to illness may be experiencing fatigue. Insufficient sleep wears the body down and affects a person’s ability to fight colds, flu, and other illnesses. With an increase in fatigue, it’s not uncommon to see a rise in absenteeism.

Proactively Addressing Worker Fatigue

Employees certainly play a role in preventing fatigue and some of the causes go beyond the workplace, but there are a number of things employers can do to reduce fatigue at work. An effective approach to fatigue risk management should involve some or all of the following:

• Shift scheduling: consistent schedules, frequent breaks, two consecutive days off each week, and no more than four night shifts in a row

• Balancing workloads and staffing

• Developing a reporting system for fatigue related incidents

• Workplace design: cool atmosphere, low humidity, natural light, minimal noise/vibrations

• Employee training on fatigue and managing sleep disorders

• Supervisor and management training on monitoring and identifying fatigue in workers

• Offering an insurance plan that covers sleep disorders or an Employee Assistance Program (EAP) so workers can get information and counselling to assist them in ways to recover from fatigue issues. All municipalities with OMAG insurance plans are eligible to use New Directions Employee Assistance Program at no charge to the employee or municipality. Contact Monica Coleman at (800) 234-9461 for more information.

By identifying fatigue and taking a proactive approach to deal with it before it becomes an issue, you can ensure a safe, healthy, and productive work environment for your entire workforce.